Blackstone Medical, Inc. D/B/A Orthofix Spinal Implants v. Phoenix Surgicals, LLC

Opinion

Order entered September 4, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00870-CV

BLACKSTONE MEDICAL, INC. D/B/A ORTHOFIX SPINAL IMPLANTS, Appellant V.

PHOENIX SURGICALS, LLC, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas

Trial Court Cause No. CC-11-00902-D

ORDER

Before the Court is appellee/cross-appellant’s August 28, 2013 motion for an extension

of time to file a cross-appellant’s brief. Appellee/cross-appellant asserts that its cross-appellant’s brief was due on August 28, 2013. This is incorrect. A combined appellee’s and cross- appellant’s brief is due thirty days after the date appellant files its brief. See 5th Tex. App. (Dallas) Loc. R. 10(1)(b) & (3)(b). Appellant’s brief is due on September 27, 2013. Accordingly, we DENY appellee/cross-appellant’s motion.

/s/ DAVID LEWIS

JUSTICE